Borough of Akron, PA Part 4 NUISANCE PROPERTIES

§ 6-401 General Provisions.

[Ord. No. 00098, 8/12/2019]

1. Title. This Part shall be known and may be cited as the "Borough of Akron Nuisance Properties Ordinance."

2. Authority. This Part is enacted under authority of 8 Pa.C.S.A. § 101 et seq. (the Borough Code), including but not limited to 8 Pa.C.S.A. § 1202(4) and (14), 8 Pa.C.S.A. § 3301.1(b)(4)(iv), and 8 Pa.C.S.A. § 3321.

3. Purpose. It is the purpose and intent of this Part to ensure that the public health, safety and welfare shall not be abridged by the making, creating or maintaining of nuisance properties through nuisance activities (or acts of omission resulting in nuisance properties) created thereon within the Borough. To this end, Borough Council hereby authorizes and directs the Borough Manager ("Manager") or his/her designee (whether the Borough Manager or designee, hereinafter both are referred to for these purposes as "Borough Manager"), as provided in the following sections, to charge to the property owner the costs of abatement of nuisances arising from the conditions and/or activities at or upon nuisance property, and to enforce the provisions of this Part against the owner of and/or person responsible for a nuisance property when nuisance activity (as defined herein) remains unabated over a period of time.

4. Scope. This Part applies to all persons and property within the Borough as regulated herein.

5. Relationship with Other Restrictions. The provisions of this Part are not intended to interfere with, abrogate or annul other rules, regulations or ordinances, including Title 18 (Crimes Code) and Title 75 (Vehicle Code), Pennsylvania Consolidated Statutes, or 42 U.S.C. §§ 3601 to 3619, The Fair Housing Act, and other federal and commonwealth constitutions, laws, and regulations. If more stringent requirements concerning nuisance abatement are contained in other rules, regulations or ordinances, the more stringent shall apply. No provision, regulation, duty, limitation or restriction of this Part shall penalize a person for a contact made for police or emergency assistance by or on behalf of a victim of abuse as defined in 23 Pa.C.S.A. § 6102 (relating to definitions), a victim of a crime pursuant to 18 Pa.C.S.A. § 101 et seq. (relating to crimes and offenses) or an individual in an emergency pursuant to 35 Pa.C.S.A. § 8103 (relating to definitions), if the contact was made based upon the reasonable belief of the person making the contact that intervention of emergency assistance was necessary to prevent the perpetration or escalation of the abuse, crime or emergency or if the intervention or emergency assistance was actually needed in response to the abuse, crime or emergency. Further, all provisions of the Borough of Akron Code of Ordinances shall in all other respects be preserved, and this Part shall not be considered to in any way specifically replace or effect Chapter 6, Part 1 (related to disorderly conduct), or Chapter 10, and it shall be read in pari materia with Chapter 5, Part 1, § 5-108 (relating to the International Property Maintenance Code).

§ 6-402 Definitions.

[Ord. No. 00098, 8/12/2019]

1. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms or phrases shall have the following meanings:

BOARD OF APPEALS

Akron Borough Council shall serve as the Board of Appeals, for appeals related to enforcement of this Part.

BOROUGH

The Borough of Akron, Lancaster County, Pennsylvania.

BOROUGH MANAGER

For purposes of this Part, the individual appointed by the Council of the Borough pursuant to the provisions of Section 1141 of the Borough Code[1] or his or her designee; Manager.

CONTROL

The ability to regulate, restrain, maintain or address conditions or dominate, counteract or govern property, or conduct that occurs or fails to occur on a property.

COST OF ABATEMENT

The reasonable costs of abatement of one or more of the infractions set forth in § 6-403 of this Part and as set forth in § 6-406 of this Part.

DRUG-RELATED ACTIVITY

Any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, possession of drug paraphernalia or giving away of any controlled substance, all as defined by state law.

ENFORCEMENT OFFICER

Any sworn or nonsworn Code Enforcement Officer or official of the Borough of Akron who has been designated or assigned the duties of code enforcement for the Borough of Akron or to enforce this Part, and any assistant or deputy thereof, and including any authorized member or officer of the Akron Borough Police Department or other law enforcement organization having appropriate jurisdiction.

HOTEL, MOTEL, BED-AND-BREAKFAST INNS, BOARDINGHOUSE, MOBILE HOME, MOBILE HOME PARK, TRANSIENT (TRANSITIONAL) HOUSING AND SHORT-TERM RENTALS

As defined by the Akron Borough Zoning Ordinance, § 27-502, all of which shall be deemed a "property" and covered by this Part.

INVITEE

A person on the property with the actual or implied consent of the occupant, tenant, owner or person responsible.

NUISANCE ACTIVITY

Activity which is deleterious and signifies such a use of property or such course of conduct as, irrespective of actual trespass against others or of malicious or actual criminal intent, transgresses the just restrictions on use or conduct which the proximity of other persons or property in civilized communities imposes upon what would otherwise be rightful freedom; a nuisance in fact.

NUISANCE PROPERTY

Property on which combinations of three or more separate nuisance activities calls that require an enforcement officer(s) to arrive at the property occur or exist during any consecutive twelve-month period.

OCCUPANT/TENANT

An individual who resides on the property, whether or not as the owner, or with or without a written lease.

PERSON

Any natural person, joint venture, partnership, limited partnership, association, club, company, corporation, business trust, limited liability company, organization, or the manager, lessee, agent, officer or employee of any of them; whenever used in any clause prescribing and imposing a penalty, "person" includes the individual, partners, officers and managers or any of them and any officer or employee of any department, agency or instrumentality of a state or any political subdivision of a state or the federal government.

PERSON ASSOCIATED WITH

Any person who, whenever engaged in any infraction, is physically present at the subject property, enters, patronizes, or attempts to enter, patronize, or visit, or waits to enter, patronize, or visit a property or person present on a property, including any officer, director, customer, agent, employee, or independent contractor of the record owner of the subject property.

PERSON RESPONSIBLE FOR THE PROPERTY or PERSON RESPONSIBLE

May be used by this Part interchangeably and unless otherwise defined, any person who has titled ownership (whether equitable or fee) of the property or structure which is subject to this Part, an occupant in control of the property or structure which is subject to this Part, a developer, builder, or business operator or owner who is developing, building or acting on the property or in a structure which is subject to this Part and/or any person who has control over the property and allows a violation of this Part to occur or to continue.

PREMISES and PROPERTY

May be used by this Part interchangeably and means any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof, including property used as a residential property; a parcel of real estate, improved or unimproved, including but not limited to a house, room, apartment, building, garage, structure, curtilage, adjacent sidewalk and curb and private parking or areas in a right-of-way adjacent to the foregoing or other property or any part of any of the foregoing. Property also includes any of the foregoing acting as a hotel, motel, bed-and-breakfast inn or boardinghouse, mobile home, mobile home park, transit (transitional) housing and short-term rentals.

PROPERTY OWNER

Any person or business entity listed as the record owner of any property within the boundaries of the Borough as set forth in the records of the Office for the Recorder of Deeds or County Assessment Office in and for Lancaster County, Pennsylvania.

RENTAL UNIT

Any structure or that part of a structure, including but not limited to single-family home, room or apartment (including the curtilage), which is rented to another and/or used as a residence or sleeping place or usage of the curtilage or sidewalk adjoined by one or more persons.

SERVICE

The notice identified in this Part shall be deemed to be properly delivered if sent either by first-class mail to the property owner's registered address or, if unavailable, to the property owner's last known address or as may be found in public records, or if delivered in person to the property owner or delivered at the property owner's usual place of abode in the presence of a competent member of the family at least 18 years of age or a competent adult residing there. If a current address cannot be located, notice shall be deemed sufficient if posted on the potential nuisance property, and a copy of the notice is sent via first-class mail to the last known real estate tax address of the property owner.

[1] Editor's Note: See 8 Pa.C.S.A. § 1141.

§ 6-403 Nuisance Activities Prohibited.

[Ord. No. 00098, 8/12/2019]

1. Except as otherwise provided in this Part, it shall be unlawful for any person to engage in, make or cause to be made any nuisance activity or to allow any nuisance activity to be made in or on any residential real or personal property occupied or controlled by that person.

2. "Nuisance activity" shall be as defined in § 6-402 and any form of conduct, action, omission, incident or behavior perpetrated, caused or permitted on a property by the owner(s), tenant(s), occupant(s), person(s) responsible or their invitee(s) of the property, which constitutes a violation of any of the following ordinances of the Borough of Akron Code of Ordinances or statutes of the Commonwealth of Pennsylvania:

A. Any public order offense relating to: soliciting business, noise control, unlicensed alcohol or liquor sale, or alcohol or liquor consumption on streets or sidewalks; or 18 Pa.C.S.A. § 5501 (riot), 18 Pa.C.S.A. § 5502 (failure to disperse), 18 Pa.C.S.A. § 5503 (disorderly conduct), 18 Pa.C.S.A. § 5505 (public drunkenness), 18 Pa.C.S.A. § 5506 (loitering), 18 Pa.C.S.A. § 5512 (lotteries), 18 Pa.C.S.A. § 5513 (gambling devices, gambling), or 18 Pa.C.S.A. § 5514 (pool selling and bookmaking); or 18 Pa.C.S.A. § 4304 (endangering the welfare of children), 18 Pa.C.S.A. § 6110.1 (possession of firearm by minor), 18 Pa.C.S.A. § 6301 (corruption of minors), 18 Pa.C.S.A. § 6308 (purchase, consumption or possession of alcoholic beverages by minor), 18 Pa.C.S.A. § 6310 (inducement of minor to buy alcoholic beverages), 18 Pa.C.S.A. § 6310.1 (selling or furnishing alcoholic beverages to minors), 18 Pa.C.S.A. § 6310.7 (selling or furnishing nonalcoholic beverages to minors) or 18 Pa.C.S.A. § 6319 (solicitation of minors to traffic drugs) of the Pennsylvania Crimes Code;

B. Any firearms or other weapons offense under the ordinances of the Borough of Akron or the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. § 6101 et seq.;

C. Any public decency offenses under the Code of the Borough of Akron or 18 Pa.C.S.A. § 5901 (open lewdness), 18 Pa.C.S.A. § 5902 (prostitution), 18 Pa.C.S.A. § 5903 (obscene and other sexual materials and performances), or 18 Pa.C.S.A. § 5904 (public exhibition of insane or deformed person);

D. Any violation related to the maintenance of property under Chapter 5 of the Borough of Akron Code of Ordinances;

E. Any sanitation violation of the garbage/rubbish collection ordinances of the Borough of Akron or 18 Pa.C.S.A. § 6501 (scattering rubbish);

F. Any animal offense relating to animals or wildlife or 18 Pa.C.S.A. § 5511 (cruelty to animals);[1]

[1] Editor's Note: 18 Pa.C.S.A. § 5511 was repealed 6-28-2017 by P.L. 215, No. 10, § 3. See now 18 Pa.C.S.A. §§ 5531 to 5533, 5535, 5537 to 5546, 5550 to 5555 and 5558 to 5561.

G. Any violation of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq.

H. Violations of any existing ordinance of the Borough of Akron or laws or regulations of the Commonwealth of Pennsylvania or laws or regulations of the United States of America which results in a disturbance of the quiet use and enjoyment of neighboring properties and/or the public and is a nuisance in fact.

§ 6-404 Nuisance Properties Prohibited.

[Ord. No. 00098, 8/12/2019]

1. Except as otherwise provided in this Part, it shall be unlawful for any person, property owner or person responsible, to maintain, operate or use a nuisance property after the property has been designated a nuisance property as provided for in this Part.

2. The Borough Manager shall first determine that a nuisance in fact exists or existed (as the case may be). In so doing, the Borough Manager shall affirmatively establish that such a nuisance in fact exists as is described in the definition of "nuisance" hereinbefore, including, but not limited to, where there is an infringement on public safety that is common to the neighborhood or where it is committed as well against those in the public who may be traveling in the vicinity. Examples only are criminal conduct on the property or curtilage or nearby streets or sidewalks or the use of loud and indecent language on the property or curtilage or on the public streets or sidewalks nearby with great noise and clamor sufficient to annoy or alarm neighbors and the public.

3. When the Manager determines that the owner(s), person(s) responsible, tenant(s) or occupant(s) of a property, or any person(s) present at a property with the permission and knowledge of the owner(s), person(s) responsible, tenant(s) or occupant(s), has been found guilty or has pleaded guilty to any nuisance activity (following the conviction for a citation or summons or arrest occurring on the property) or a determination that there is a nuisance in fact on three separate occasions within any one-year period and no related appeals are pending, the Manager may declare the property to be a nuisance property and proceed with the notice and enforcement procedures set forth in this Part.

4. For all properties, including rental properties, containing two or more dwelling units, each individual unit shall be considered a "separate property" for purposes of enforcement of this Part, thus requiring that three separate citations, summonses and/or arrests for nuisance activity must be made involving the same dwelling unit in order to declare the individual unit a nuisance property. Any occurrence of nuisance activity in the common area or others covered by the definition of "property" shall be charged to the specific rental unit that the actor occupies or where the actor is an invitee or guest, and not the property in whole.

5. If, after a property has been declared a nuisance property and no nuisance activities have occurred for a period of 12 consecutive months from the date of the notice of the declaration of the property as a nuisance property, the property will no longer be classified as a nuisance property.

6. Any criminal conviction or other nuisance activity perpetrated by a tenant who is already in the process of being evicted shall not count towards the declaration of a nuisance property pursuant to Subsection 2 above, provided that the property owner can prove that an eviction action has been commenced in a court of law and that the property owner is actively prosecuting said eviction action against the tenant.

7. An offense shall not be considered a nuisance activity if it is committed by a person having no association with the property by acquaintance with, relation to or expressed or implied invitation from the owner, occupant, operator or agent of the property.

§ 6-405 Notice of Nuisance Activity; Nuisance Property Declaration.

[Ord. No. 00098, 8/12/2019]

1. The Manager shall provide written notice to the occupant of any property at which there has been a nuisance activity. A separate notice shall be provided to the property owner for each nuisance activity occurring on a property.

2. The notice shall contain the following information:

A. The street address or legal description sufficient for identification of the property;

B. A description of the nuisance activity and the date on which the nuisance activity occurred;

C. A statement that the property is declared a nuisance property or, if the property has not yet been declared a nuisance property, a statement of the number of nuisance activities or nuisance activity which will result in such a declaration;

D. If the property has been declared a nuisance property, a statement that the occurrence of any subsequent nuisance activity at this property within 12 months following the date of the notice may result in the property owner being cited with a summary violation and charged with the costs incurred by the Borough to abate nuisance activity;

E. If the property has been declared a nuisance property, a statement that the occurrence of any subsequent nuisance activity at this property within six months following the date of the notice may result in the suspension or revocation of the use and occupancy under Chapter 27 of the Borough of Akron Code of Ordinances.

F. Notice of property owner's right to appeal pursuant to § 6-407 of this Part and to obtain, upon written request for such, copies of all documentation supporting the Manager's determination that nuisance activity has occurred at the property; and

G. A statement that the property owner shall, within 15 business days of the date of the notice, respond to the Manager in writing, either:

(1) Appealing the finding of the Manager, or his/her designee; or

(2) Providing a proposal detailing a course of action by which nuisance activities will be abated at the property.

§ 6-406 Abatement of Nuisance Activity or Condition.

[Ord. No. 00098, 8/12/2019]

1. Within 15 business days of service of the notice of a nuisance property, the property owner may submit in writing a plan to the Borough Manager by which the property owner proposes to prevent further nuisance activities from occurring at the property. The time period for implementation of any proposed plan shall not exceed 60 days from the date of plan submission approval or such greater time period as may be extended for good cause by the Borough Manager. The Borough Manager shall, within 15 business days of receipt of said proposal, either approve or disapprove of the proposal and provide the property owner with written notice of his/her decision. The denial of a plan by the Manager may be appealed by the property owner pursuant to § 6-407 of this Part.

2. If the Manager determines that any subsequent nuisance activity occurred within 12 months after a property was declared a nuisance property, and the property owner failed to file either an appeal of the declaration pursuant to § 6-407 of this Part or an approved plan to abate the nuisance property pursuant to Subsection 1 above, the property owner may be assessed all costs incurred by the Borough to abate the subsequent nuisance activity. Within 30 days of the Borough incurring any costs set forth in this subsection, the Manager shall present the property owner with a written demand for payment containing a description/summary of all costs incurred by the Borough and a notice that the property owner has the right to appeal the demand pursuant to § 6-407 of this Part. The written demand shall be delivered to the property owner in accordance with § 6-405 of this Part. Failure to pay any such costs of abatement to the property shall be cause for the Borough to file either or both an in rem judgment against the property or an in personam (personal) action against the property owner(s) for recovery of the costs incurred by the Borough.

3. Costs of abatement shall be determined based on the time required to abate the nuisance activity multiplied by an hourly rate based upon the wages and benefits of the employee, vehicle and equipment costs, supervisory and administrative costs, and those of any contractors employed by the Borough to abate the nuisance activity. The hourly rate may be adjusted based on the number of employees and contractors required to abate the nuisance activity and shall be calculated by the Borough Manager, and shall include, but not be limited to, actual costs and/or actual expenses incurred to abate the infraction and associated property inspections. No such costs shall be assessed for any public safety services. The failure to pay any cost imposed upon the property owner shall constitute a lien against the property and may be enforced and/or collected as provided by law.

4. In the case of professionals engaged by the Borough to provide services pursuant to the terms of this Part, the regular fees and costs incurred by the Borough of those professionals providing services pursuant to this Part shall also be recovered as herein set forth.

5. The Borough shall not assess any costs of abatement unless/until a final determination has been made by the Board of Appeals pursuant to the provisions of this Part or a court of competent jurisdiction on any appeal filed by the property owner pursuant to § 6-407 of this Part or the property owner has failed to successfully implement a plan approved by the Manager pursuant to Subsection 1 above. Following the aforesaid, costs of abatement may be assessed retroactively to the beginning of action by the Borough.

6. The Borough may alternatively or concurrently take one or more of the following options as to recovery of the aforesaid:

A. Institute suit before the Magisterial District Judge for the recovery of all such costs of abatement, together with the filing fees and costs of recovery, including reasonable attorney's fees and costs before the Magisterial District Judge.

B. Institute suit before the Court of Common Pleas for the recovery of all such costs of abatement, together with the filing fees and costs of recovery, including reasonable attorney's fees and costs before the Court of Common Pleas.

C. Undertake to file a lien against the property for said recovery pursuant to applicable laws associated with recovery of liens against property owners, together with reasonable attorney's fees and costs.

§ 6-407 Appeal.

[Ord. No. 00098, 8/12/2019]

1. Any property owner or other person aggrieved by a notice of a nuisance activity at his/her property, a notice declaring his/her property a nuisance property, or a notice demanding payment for costs of abatement of a nuisance activity at a nuisance property may, within 15 business days of the service date of the notice, appeal the violation to the Board of Appeals pursuant to the provisions of this Part. The fee for such appeal shall be set, from time to time, by resolution of Council. The Board of Appeals shall conduct a hearing and render a decision in accordance with the provisions of this Part and such other Borough ordinances, laws and regulations as may govern its conduct and procedures.

2. The owner may prevail on appeal of any notice, if the owner demonstrates that:

A. He/she was not the owner of the property at the time of any of the nuisance activity that was the basis of the notice;

B. He/she had knowledge of the nuisance activity but promptly, within the confines of existing laws and regulations governing landlord actions, vigorously took all actions necessary to prevent the occurrence of future nuisance activity; or

C. He/she had no knowledge of the nuisance activity and could not, with reasonable care and diligence, have known of the nuisance activity; and upon receipt of the notice of the declaration of the property as a nuisance property, he/she promptly, within the confines of existing laws and regulations governing landlord actions, took all actions necessary to prevent an existing nuisance activity or condition or the occurrence of a future nuisance activity or condition.

3. Upon appeal of a notice declaring his/her property a nuisance property or a notice demanding payment for costs of abatement of a nuisance activity at a nuisance property, if a property owner is able to demonstrate to the Board that an eviction action has been commenced in a court of law and that the property owner is actively prosecuting said eviction action against the offending tenant within the confines of existing laws and regulations governing landlord actions, then the Board of Appeals shall order a stay of any/all further enforcement of this Part by the Borough pending a determination by the Magisterial District Judge or Lancaster County Court of Common Pleas on the eviction action. If the property owner is successful in the eviction action, then the property will no longer be classified as a nuisance property.

4. Upon appeal of a notice declaring his/her property a nuisance property or a notice demanding payment for costs of abatement of a nuisance activity at a nuisance property, if a property owner is able to demonstrate to the Board of Appeals that one or more of the nuisance activities which was the basis of the declaration of nuisance property is subject to a "not guilty" decision relating to the offending party, then the Board of Appeals shall order a stay of any/all further enforcement of this Part by the Borough pending a determination by the Magisterial District Judge or Lancaster County Court of Common Pleas on the citation or summons. If the offending party is found to be "not guilty" on one or more of the citations or summonses, then the "not guilty" event or events shall not count toward the declaration of the property as a nuisance property. No occurrence shall be considered a violation as hereinabove set forth where such occurrence was included in an accelerated rehabilitative disposition pursuant to the provisions of Pa.R.Crim.P. § 300 et seq., and the defendant has completed all conditions of that disposition.

§ 6-408 Violations and Penalties.

[Ord. No. 00098, 8/12/2019]

1. Any property within the Borough of Akron which is a nuisance property is in violation of this Part and subject to its remedies; and

2. Any person responsible for property who permits such property to be a nuisance property shall be in violation of this Part and subject to its remedies.

3. Any person responsible for property who fails to abate any nuisance activity occurring on the property after its designation as a nuisance property shall be in violation of this Part, and upon the occurrence of any such nuisance activity on the property within any twelve-month period after its designation as a nuisance property, the person responsible shall, upon summary conviction by the Magisterial District Judge, be sentenced to pay a fine of not less than $500 nor more than $1,000 for the each offense and shall pay the court costs and Borough's reasonable attorney's fees incurred by the Borough.

4. A penalty provided for under this Part may be imposed in addition to any penalty that may be imposed for any other criminal or civil offense arising from the same conduct.

5. Each act of violation and every day upon which such violation occurs shall constitute a separate offense.

6. In addition to the fines set forth hereinabove, any person found guilty of violating any provision of this Part shall, upon summary conviction by the Magisterial District Judge, be sentenced to pay a fine of not less than $500, nor more than $1,000, and shall pay the court costs and Borough's reasonable attorney fees.

7. If a property has been declared a nuisance property in accordance with § 6-404 of this Part and no appeal from said declaration is pending, the Zoning Officer shall revoke the occupancy permit issued pursuant to Chapter 27 of the Borough of Akron Code of Ordinances and/or initiate any action at law or at equity to abate the nuisance and shall perform any other actions to ensure the abatement of the nuisance. Costs for such actions shall be assessed to the property owner. The revocation of the occupancy permit shall remain in effect until such time as the nuisance has been fully abated as determined by the Borough Manager.

8. Where suit is brought by the Borough for the abatement of the nuisance activity or for the recovery of any costs incurred by the Borough in enforcing this Part, the person liable therefor shall, in addition, be liable for the costs of collection (including attorney's fees) and the interest and penalties herein imposed.

9. The penalties imposed under this Part may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct, except for provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A., § 6504, relating to public nuisances.

10. The declaration of a nuisance property or the charging or assessment of costs by the Borough on a property under this Part shall not affect or limit the Borough's right or authority to bring criminal prosecution or other action at law or at equity against any person for violation of any other provisions of the Borough of Akron Code of Ordinances or other laws of the Commonwealth of Pennsylvania.

§ 6-409 Enforcement.

[Ord. No. 00098, 8/12/2019]

The provisions of this Part shall be enforced by the Borough Manager or designee, the sworn and nonsworn Code Enforcement Officers and officials of the Borough of Akron and any authorized member or officer of the Akron Borough Police Department or other law enforcement organization having appropriate jurisdiction.

§ 6-410 Survival.

[Ord. No. 00098, 8/12/2019]

No ordinances, resolutions or parts thereof shall be hereby repealed or rescinded, and they shall instead be read in pari materia hereof and as supplemental hereto, unless expressly otherwise stated herein.

§ 6-411 Severability.

[Ord. No. 00098, 8/12/2019]

If any sentence, clause, section, or part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part. It is hereby declared as the intent of the Council of the Borough of Akron that this Part would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein and shall be therefore so implemented.

§ 6-412 When Effective.

[Ord. No. 00098, 8/12/2019]

This Part shall take effect and be in force six months after its enactment by the Council of the Borough of Akron.